Overview: To create employee handbooks that are effective, employers should include all necessary workplace policies, procedures and practices. In many instances, this policy manual can serve as an employer's best defense in defending any workplace practice or action such as the enforcement of a dress code policy or the investigation of a claim for sexual harassment in the workplace. An employer should ensure that all of the policies in the employee handbook are communicated to all employees and supervisors and that proper training on the policies is provided to the employees. An employer should frequently review the policies in its handbook to see if any need updating based on a change in any law or workplace practice or as the result of a workplace incident which requires clarification of a policy.
Trends: While best practice is to include a disclaimer in the employee handbook in order to prevent it from becoming part of an employment contract, employers should be aware that the National Labor Relations Board has ruled that an overly broad at-will disclaimer in an employee handbook may violate the National Labor Relations Act by infringing upon the rights of both union and non-union employees to engage in a protected concerted activity, i.e., working collectively to improve working conditions. Employers should also be aware that in confronting the diverse workforce of today, it may be necessary for employers to develop handbooks and policies in multiple languages to address employee needs.
Author: Beth Zoller, JD, Legal Editor
San Francisco employers with 500 or more employees should consider adapting this policy to inform employees about leave available under the San Francisco, California Public Health Emergency Leave Ordinance (PHELO).
Chicago employers that are covered by the City's Fair Workweek Ordinance should consider including this statement in their handbook to educate employees about special rights and protections available under the ordinance.
District of Columbia employers should consider including this statement in their handbook to inform employees about the leave and benefits available under the District of Columbia's Universal Paid Leave Amendment Act of 2016 (UPLAA).
HR guidance on how to create employee handbooks that includes all employment policies and practices.